27
3. Anyone who sells, duty-free and without customs’ authorization, raw materials, finished and
semi-finished products, and tools imported to work the supplied materials, assemble the pieces
supplied and negotiate payment.
[…]
Article 191: Anyone who commits any of the following acts with full knowledge that theirs are illgotten proceeds from drug-related crimes, crimes committed by mafia-like groups, terrorist
crimes, smuggling, embezzlement, bribery, the crime of sabotaging the financial order, financial
swindles, and the crimes committed in perpetrating any of the following acts shall have his illgotten gains confiscated and be sentenced to fixed-term imprisonment of not less than five
years, and concurrently or independently be sentenced to a fine of not less than 5% of the sum
of money laundered and not more than 20% of the overall proceeds from money laundering. If
the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of
not less than five years and not more than ten years, and concurrently be sentenced to a fine of
not less than 5% of the sum of money laundered and not more than 20% of that sum.
[…]
Criminal Code of the People’s Republic of China, Article 389: Anyone who, in order to gain some
illegal advantage, gives money or property to a state official, commits the crime of bribery.
Criminal Code of the People’s Republic of China, Article 390: The crime of bribery carries a
sentence of imprisonment or detention for not less than five years; crimes that cause great
losses to the State carry a sentence of 5 to 10 years’ imprisonment. Crimes that cause enormous
losses are punishable by a sentence of imprisonment for more than ten years and up to life
24
imprisonment; in such cases, the sentence may also call for confiscation of personal property.
77.
On November 25, 2008, in case 2008-06370-o-0701-JR-PE-1 concerning the provisional
arrest of Chinese citizen Wong Ho Wing, the Seventh Criminal Court of Callao scheduled the public
hearing on Mr. Wong Ho Wing’s extradition for December 10, 2008, at 10:00 a.m., in the Callao Prison,
and that “the person whose extradition is being requested, his defense attorney, the representative
from the Callao Provincial Prosecutor’s Office and the head of the Unit for International Judicial
Cooperation on Extradition, the representative designated by the Embassy of the People’s Republic of
China, and INTERPOL shall be so informed.”25
78.
On December 3, 2008, Mr. Wong Ho Wing’s attorneys filed a brief with Callao’s Seventh
Special Criminal Court in which they requested termination of his provisional arrest ordered on October
28 of that year. That request was based on the failure to notify the victim that the Chinese Government
had, within the 30-day period stipulated in the pertinent procedural law, filed a request seeking his
extradition.26
24
Annex 8. Extradition Request issued by Office No. 24 of the Ministry of Public Security and dated November 3,
2008, Annex 6 titled “Excerpts concerning the statute of limitations on appeals and punishment under the Criminal code of
the People’s Republic of China.”
25
Annex 11. Order setting the date for the Public Hearing on the Extradition of Mr. Wong Ho Wing. Attachment to the
State’s communication received at the IACHR on July 16, 2010.
26
Annex 12. Brief filed with Callao’s Seventh Special Criminal Court, Case No. 06370-2008, paragraphs 3 and 4.
Attachment to the State’s communication of November 10, 2011, received at the Commission that same day.